Ruling puts Harris County juvenile offenders' housing in limbo

Updated 9:06 am, Tuesday, May 15, 2012

A juvenile charged as an adult stands in his cell at the Harris County Jail. Sgt. Roosevelt Berry watches nearby.

A juvenile charged as an adult stands in his cell at the Harris County Jail. Sgt. Roosevelt Berry watches nearby.

Photo: Johnny Hanson

Image 2 of 10

Sgt. Roosevelt Berry supervises juvenile County Jail inmates who have been charged as adults for crimes ranging from misdemeanors to capitol murder.

Sgt. Roosevelt Berry supervises juvenile County Jail inmates who have been charged as adults for crimes ranging from misdemeanors to capitol murder.

Photo: Johnny Hanson

Image 3 of 10

Two 16 and under juveniles who have been charged as adults stand in their cells at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

Two 16 and under juveniles who have been charged as adults stand in their cells at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

A 16 and under juvenile who has been charged as an adult stands in his cell at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult stands in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult stands in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult stands in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult stands in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult sits in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on 1200 Baker St. Friday, May 11, 2012, in Houston. A new law states "certified" juveniles, if housed in county jail, can't be housed within "sight or sound" of adult prisoners. "It is impossible for us to abide by these rules," Harris County Sheriff spokesperson Christina Garza said. Due to the way the facility is set up, juvenile inmates will at some point, though kept separate, come with in sight or sound of an adult inmate while on their way to court, recreation time or to see a visitor.

Sgt. Roosevelt Berry looks on as a juvenile who is16 and under that has been charged as an adult sits in his cell for a crime ranging from Class B misdemeanors to capitol murder at the Harris County Jail on

Eight violent juveniles awaiting trial in the Harris County Jail, considered too young to interact with adult inmates and too dangerous to mix with other youths, appear to have been placed in limbo with the release of a Texas attorney general opinion last week.

Juveniles certified to stand trial as adults must be "separated by sight and sound" from adult inmates, according to a new law that took effect last fall and is explained in the opinion. This separation "must extend to all areas of the facility."

Though certified juveniles long have been kept separate from adult inmates at the jail for their protection, Sheriff Adrian Garcia said it is impossible to satisfy the new rules as explained in the attorney general opinion.

"We understand 'sight and sound' to be a constant requirement as it's defined by the opinion," Garcia said. "As they go to recreation, out of their cell, down the hall, through the elevator, whatever floor they get off on, to the gym - out of sight and sound the entire time. I do not see the practicality of how my operation can effectively comply with it in an environment that is 99 percent adults."

Worst offenders

Chief Mike Smith, who oversees the jail, said juvenile inmates are a challenge for jail staff. They require individual escorts to and from activities, and must be housed in their own 24-bed cellblock, even if that leaves 16 of the beds empty, as currently is the case.

"These are the most egregious offenders that get certified. I would argue they need to be separated from the juveniles as much as some folks argue they need to be separated from the adults," Brooks said. "We would have a difficult time isolating them from the other juveniles in our facility. It takes a lot of staff, it takes more room. Legally can they be mixed? Yes. But it's not good business."

Added burden

Juvenile District Judge Mike Schneider, a member of the Juvenile Board, said the issue will be discussed at the group's meeting next week. If the only option to comply with the law is to bring the certified youths to the Juvenile Detention Center, it would be an added burden, but not an unfamiliar one, he said.

"We have problems all the time with kids who aren't even eligible for certification, holding them in our facilities, because they are a danger to staff or to other kids," Schneider said. "We find ways to accommodate them safely, and we'll figure this one out. We'll do whatever it takes to make sure the law is complied with."

Robert Soard, chief of staff in the County Attorney's Office, said the county would not necessarily be forced to move the youths unless it is sued, and even then could defend housing them in the County Jail based on "substantial compliance" with the law, if not the letter of the specific "sight and sound" phrasing.

Garcia said waiting for legal action could put taxpayers at risk.

"If I do nothing, I believe that puts the Sheriff's Office in a bad situation, irrespective of someone claiming it could be defended," he said. "I'd rather acknowledge the issue and challenge and try to work through this issue to be in compliance."

Statewide statistics

The challenge of housing certified juveniles in county jails is common, but not enormous. A survey of 41 jails statewide, released this month from the University of Texas, reported only 34 youths between age 14 - the minimum age for certification in Texas - and age 17 in detention when the data was gathered last fall. Harris County has housed between three and 12 certified juveniles in recent years, Garcia spokesman Alan Bernstein said.

In Harris County, 38 youths were certified to stand trial as adults in 2011, Brooks said, noting that only about 3 percent of juveniles eligible to stand trial as adults are certified to do so. Not all of these defendants are jailed awaiting trial.